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20130318
20130326
Search Results 0 to 15 of about 16 (some duplicates have been removed)
on two important cases. the defense of marriage act and california's proposition 8. doma designed emergency as a legal union between a man and a woman and keeps same-sex couples from getting the same benefits as couples. in fact, bill clinton who signed doma into law when he was president, is now asking the u.s. supreme court to overturn it. let's bring in cnn legal contributor powell cowen. how much will the reversal potentially make? >> supreme court justices would tell you they're immune from politicians lobbying them. they're appointed for life by the president, and the founding fathers frankly set up the system so you would have sort of an independent judiciary. i don't think bill clinton's position will have a major impact on the court. >> so what the constitutional argument that will be made to keep doma in place? >> well, there are two cases before the court this week. one on tuesday and one on wednesday. the first on tuesday is called the prop 8 case. california case, and it's very interesting because the california supreme court said gay marriage is legal. they said it's
known as doma, first passed by congress and signed by president clinton in 1996 is being challenged at the supreme court. >> it's being asked to decide there whether or not congress can pass a law that treats same-sex couples who are already married under the laws of their state different from opposite section sex couples. >> reporter: defenders of the law say congress has as much right as the states to make its own definition of marriage. >> doma is important because congress said it was important. i mean we sent our elected representatives to washington, d.c. and they chose to say that marriage is one man and one woman for purposes of federal law. >> reporter: conservatives say the founding fathers never contemplated gay marriage. >> because it's clearly not what anyone understood as marriage at the time of the framing of the constitution. >> reporter: still, same-sex families pay taxes and don't get the same benefits and the issue with doma really gets complicated if they have children who are also excluded from benefits. >> when we have kids i would like them to be born in a pos
's proposition eight. let's start with doma. it's the federal law that defines marriage as a union between and a man and a woman. it keeps gays from get iting th same rights. president clinton signed doma into law in 1996. he now says it should be struck down. avery freedman from cleveland, good to e see you. >> hi, fredricka. >> and richard herman, good to see you as well. avery, you first on this. two cases before the supreme court. let's begin with doma. how much is at stake here? >> i think this is one of the great cases that the the supreme court will hear this term. that and prop eight. but doma which was compromised legislation and signed by bill clinton back in 1996 has always been questionable in terms of constitutionality. and two federal appeals courts have held that that law that restricts personnel rights that is by the federal government violates the constitution. it violates the equal protection law. in terms of the significance of it, it's really march madness. this is so important and so exciting because you have the solicitor general arguing against the constitutionality
president bill clinton, as the president who signed the act into law, i have come to believe that doma is not accurate. i have asked jeffrey toobin to explain this. >> all we can say is that president clinton believes it was a mistake and whatever justification he had in 1996 was not good enough, and he, like virtually the entire democratic party now, repudiates it and they want to see it overturned. >> this is not a thumb's up or thumb's down decision, right? this is the supreme court, and so what are we looking at here? >> well, this is a bit of a rubik's cube, and both the defense of marriage act case and the challenge to proposition 8, the case that the law that bans same-sex marriage in california. the defense of marriage act case refers to the federal law that says that the federal government will not recognize same-sex marriages even in states where it is legal. so people, and gay people who are married in new york and new england and all of the states where it is legal, they cannot file joint tax return, and they can't get social security survivor's benefits and if the court up
wrote, as the president who signed the act into law, i have come to believe that doma is in fact imcompatible with our constitution. he said, back then it was less of a condemnation of legal marriage and a bit of legal maneuveri maneuvering. i asked jeffrey toobin to explain that. >> all we can say for sure is bill clinton thinks it was a mistake to sign doma. he wrote an op ed a couple of weeks ago saying whatever justification he may have had in 1996 wuntd good enough. and he, like virtually the entire democratic party, repudiates it and wants to see it overturned. >> this isn't a thumbs-up or thumbs-down decision. this is the supreme court. what are we looking at here? >> this is a bit of a rubik's coupe, the defense of marriage act and the case of proposition 8, the ban that prohibits same-sex marriage in california. the federal law says the federal government will not recognize same-sex marriages even in states where it's legal. so people -- gay people who are married in new york and new england and all of the states where it's legal, they can't file joint tax returns or get
as the states to make its own definition of marriage. >> doma is important because congress said it was important. i mean we send our elected representatives to washington, d.c. an they chose to say that marriage is one man and one woman for purposes of federal law. >> reporter: and conservatives say the founding fathers never contemplated gay marriage. >> because it is clearly not what anyone understood as marriage at the time of the framing of the constitution. >> reporter: still, same-sex families pay taxes and don't get the same benefits and the issue with doma really gets complicated if they have children who are also excluded from benefits. >> when we have kids i would like them to be born in a post-doma united states. >> reporter: still, california as one of only a handful of states that gives most of the benefits of marriage to same-sex couples and domestic partnerships. one question is whether any ruling by the court on california could affect all of those other states in the same way. pred? >> thanks so much, joe. >>> so is there a feeling that the landscape on gay marr
's proposition 8 ban on same-sex marriage. the second case involves the defense of marriage act known as doma. that law defines marriage as between a man and a woman. right now people are lining up outside of the supreme court trying to get front-row seats to history. will the supreme court say i do to same-sex marriage or decide to punt? key players made their arguments today on cnn's "state of the union." >> we immediate to keep the debate live. americans on both sides of the issue are deeply invested on this debate of marriage and don't need a 50-state solution presented by the supreme court when our democratic institutions are perfectly capable of handling the issue. that's what the court will december glide the united states supreme court since the 1880s has 14 times described marriage as a fundmental right. when we are talking about this issue going before the court, we are talking about fundamental notions of people, justice, and liberty. >> >> supreme court's ruling may not come until june but the justices question during argument this week may reveal how they are leaning. bring in no
a challenge to the defense of marriage act, or doma. that federal law defines marriage as being one man and one woman. edith windsor of new york is a plaintiff in the doma case. she fought back when she received an inheritance tax bill for $363,000 when her partner of 42 years died in 2009. here's what she told you in an earlier interview. >> new york state accepted my marriage as a marriage. and i believe and the justice department and the president agreed with me that the law doma is unconstitutional. doma is cruel. it discriminates against us for absolutely no value to the country. and we'd like to see that defeated all together. >> joe johns is in washington with more on what's ahead this week. morning, joe. >> morning. these are two of the most important cases of the year for the supreme court. the case involving edith windsor is actually the second case scheduled to be heard this week on wednesday. that challenge to the federal defense of marriage act. this is the law passed by congress and signed by the pld in 1996 that takes away benefits of marriage of same-sex couples on the f
not only on prop 8 tomorrow but doma on wednesday. but in the meantime the thoughts of those that have come from far to be a part of this, luckily the media doesn't have to wait in line, we get designated seats. but just to be a part of it, what's it like to be inside those hallowed halls? >> it's funny. you talk to as i have so many of these people whose cases have actually made their way to the supreme court. and that in and of itself is a lot like lightning strike. and then it begins usually very tense as the justices start interrupting the attorneys as they make their arguments. there's always from time to time in these a moment of levity where everybody realizes we're all human. but at the end of the day, yes, it's hugely important. everybody sort of gets caught up in the moment. and then you wait. and we'll certainly be waiting until june at least. >> i think, joe, some of these people standing in line waiting to be the first people to hear clarence thomas ask more than just a very small question, which i know we've already had. but that big first question for justice clarence thomas.
clinton recently wanting the supreme court to overterm o dd doma and was that a cat take list for hillary clinton? >> i think we can probably guess pretty well that people's family influences were there on this issue. hillary clinton said it herself in the clip you played. and certainly president obama was moved as he said by his daughters and his wife. so i would imagine that the former president and chelsea had an influence on where the secretary ended up, as well. >> brian, last question. just you and me and a couple people watching. are there any more big named announcements in the works for you? >> well, we've seen seen a lot of really exciting developments on the issue of marriage. >> folks like -- >> you know, you never know who the next person will be. but i'm sure we'll be hearing from more people in the coming days and weeks. >> i tried. brian, thank you so much. appreciate it. >>> new york mayor michael bloomberg is proposing yet another health initiative. this one would require stores to keep tobacco products hidden in cabinets behind curtains, under the counter. this idea com
act. doma making news after former president bill clinton publicly urged the nine justices to overturn the rule he signed into law. now his wife, hillary clinton, is expressing her support for same-sex marriage. >> lbgt americans are our colleagues, our teachers, our soldiers, our friends, our loved ones. and they are full and equal citizens and deserve the rights of citizenship. that includes marriage. >> the clintons are joining prominent politicians on both sides of the aisle, including ohio senator rob portman, a republican who is publicly backing same-sex marriage. but will that political pressure have any impact on the nation's highest court? joining me now is cnn senior legal analyst, jeffrey toobin, and the executive director and founder of go proud, jimmy dealva. thank you both for being with us this morning. >> good morning. >> jimmy, there's a new poll in "the washington post" that shows a surprising 58% of americans support same-sex marriage. that is a sea change from just a few years ago. to what do you attribute that rise? >> i think that all americans are thinking about
prediction about what you think, van, will happen next week with the u.s. supreme court? >> i think that doma will be struck down, and i think kennedy is the decisive player. i think will is right, you won't see a big case, it's legal everywhere, it's done. i would love to see that, but i don't think they will do that. i think it's a narrow decision. >> it will affect two or three states. >> okay. thank you to both of you. van jones and will cain. >> you bet. >>> mystery caper. the case of nancy grace's missing cuff necklace. the prime suspect may be anderson cooper. at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. let's see what you got. rv -- covered. why would you pay for a hotel? i never do. motorcycles -- check. atv. i ride those. do you? no. boat. house. hello, dear. hello. hello. oh! check it -- [ loud r&b on car radio ] i'm going on break! the more you bundle, the more you save. now,
Search Results 0 to 15 of about 16 (some duplicates have been removed)